Circular No. 83/2024/TT-BCA on the construction, management, operation, exploitation, and use of systems ensuring security, public order, and road traffic safety.

CIRCULAR

Regulations on construction, management, operation, exploitation, and use

of traffic surveillance systems to ensure security, public order, and road safety

 ________________________

Pursuant to the Law on People's Police dated November 20, 2018;

BASED ON THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE POPULAR SECURITY ORGANIZATION LAW dated June 22, 2023;

BASED ON THE ROAD TRAFFIC ORDER AND SAFETY LAW dated June 27, 2024;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Traffic Police Corps;

The Minister of Public Security promulgates this Circular on construction, management, operation, exploitation, and use of traffic surveillance systems to ensure security, public order, and road safety. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on construction, management, operation, exploitation, and use of traffic surveillance systems to ensure security, public order, and road safety (hereinafter referred to as traffic surveillance system ).

Article 2. Applicability

1. Units and local police forces; officers and non-commissioned officers of the People's Police (hereinafter referred to as officers) assigned tasks related to construction, management, operation, exploitation, and use of traffic surveillance systems.

2. Organizations and individuals involved in construction, management, operation, exploitation, and use of traffic surveillance systems.

Article 3. Principles for construction, management, operation, exploitation, and use of traffic surveillance systems

1. Compliance with the provisions of this Circular and other relevant laws; meeting state management requirements in the field of ensuring security, public order, and road safety.

2. Ensuring consistency; promoting division of labor and decentralization in investment, construction, management, operation, exploitation, and use of traffic surveillance systems.

3. Ensuring accuracy, objectivity, integrity, security, and safety of collected information and data; ensuring security and safety of traffic surveillance systems.

Article 4. Requirements and standards for officers performing management, operation, exploitation, and use of traffic surveillance systems

1. Graduated from a Police College or higher; in cases where officers graduated from outside fields must have a college degree or higher in one of the following areas: electronics, telecommunications, information technology, and completed a legal and professional training program for the Police.

2. Proficient in legal regulations concerning security, public order, and road safety.

Chapter II

CONSTRUCTION, MANAGEMENT, OPERATION, EXPLOITATION AND

USE OF TRAFFIC SURVEILLANCE SYSTEMS

Article 5. Construction of traffic surveillance systems

1. Construction of traffic surveillance systems shall comply with national technical standards for traffic surveillance systems to ensure security, public order, and road safety and the following requirements:

a) Timely, effective, and economical; prioritizing construction of traffic surveillance systems on expressways, national highways, and complex road sections regarding security, public order, and road safety or important for economic, social development, national defense, and security;

b) Prioritizing the use of transmission infrastructure already built within the People's Police; in cases where existing transmission infrastructure within the People's Police does not meet requirements or has not been constructed, leasing transmission infrastructure from service providers;

c) Meeting practical needs, suitable to road infrastructure; ensuring integration and connectivity with previously established traffic surveillance systems.

2. Traffic surveillance systems shall be designed in accordance with the Vietnam Government Electronic Architecture Framework and the Ministry of Public Security's regulations on management, connection, and sharing of surveillance camera data within the People's Police.

3. Development, upgrading, transfer, and maintenance of software for traffic surveillance systems shall comply with the Ministry of Public Security's regulations on software development, upgrading, transfer, and maintenance within the People's Police.

4. Traffic surveillance systems must be inspected and evaluated before being put into use to ensure compliance with technical and operational requirements.

Article 6. Management and operation of traffic surveillance systems

1. The Traffic Police Department manages and operates traffic surveillance systems on expressways, except for expressways assigned and delegated by the Minister of Public Security to provincial and centrally-administered city police forces to organize patrols, inspections, and violations handling.

2. Provincial and centrally-administered city police forces manage and operate traffic surveillance systems on national roads within their administrative boundaries and on expressways assigned and delegated to organize patrols, inspections, and violations handling.

3. Units managing and operating traffic surveillance systems regularly monitor, inspect, and evaluate the operation of traffic surveillance equipment, supporting system equipment, equipment at traffic surveillance centers, communication links, and software to ensure stable system operation; regularly check the status and data storage capacity of the traffic surveillance system; assess the recording of images by traffic surveillance devices.

4. Information and data in the traffic surveillance system are managed, classified, and shared according to regulations of the Minister of Public Security on management, connection, and sharing of surveillance camera data in the People's Public Security.

5. Units managing and operating traffic surveillance systems establish rules for managing, operating, exploiting, and using the traffic surveillance system; develop contingency plans for restoring the system and data when incidents occur. Provincial and centrally-administered city police forces must submit a document seeking opinions from the Traffic Police Department before issuing rules for managing, operating, exploiting, and using the traffic surveillance system.

Article 7. Exploitation and use of traffic surveillance systems

1. Units managing and operating traffic surveillance systems implement exploitation and use of information and data from the traffic surveillance system to serve monitoring of security, public order, and road traffic safety situations; detect and handle violations of laws on public order and road traffic safety and other violations as prescribed by law.

2. The exploitation and use of information and data from the traffic surveillance system shall be carried out in accordance with the rules for managing, operating, exploiting, and using the traffic surveillance system.

3. Organizations and individuals without functions, tasks, and authorities in managing, operating, exploiting, and using traffic surveillance systems, if they need to exploit and use information and data from the traffic surveillance system, must submit a written request and obtain approval from the unit managing and operating the traffic surveillance system.

Article 8. Maintenance and repair of traffic surveillance systems

1. Units managing and operating traffic surveillance systems carry out maintenance and repair of traffic surveillance systems. In cases where units managing and operating traffic surveillance systems lack the capability to perform maintenance and repair, they must select another unit or organization to perform these tasks and closely supervise the process to ensure confidentiality of system information.

2. Maintenance and repair of traffic surveillance systems must comply with technical procedures for each type of equipment; record the process and content of maintenance and repair according to the Maintenance and Repair Logbook Model attached to this Circular.

Article 9. Protection of Traffic Surveillance Systems

1. Units managing and operating traffic surveillance systems shall implement measures to prevent and handle acts infringing upon such systems. In case of discovering that the traffic surveillance system has been infringed upon, they must take protective measures and promptly report to the unit managing and operating the traffic surveillance system for appropriate handling in accordance with the law.

2. Public Security units at various levels having traffic surveillance system equipment and infrastructure located within their jurisdiction shall cooperate with the unit managing and operating the traffic surveillance system to implement measures to prevent and handle acts infringing upon the system.

Article 10. Responsibilities of the General Traffic Police Corps

1. To invest in, construct, and upgrade traffic surveillance systems under its management and other traffic surveillance systems when assigned by the Ministry's leadership.

2. To manage, operate, exploit, use, maintain, and protect traffic surveillance systems under its management in accordance with this Circular.

3. To lead and coordinate with relevant units to guide, monitor, inspect, and urge Public Security units at various levels to implement the management, operation, exploitation, and use of traffic surveillance systems nationwide.

Article 11. Responsibilities of Public Security Departments of Provinces and Central Cities Directly Under the Central Government

1. To invest in, construct, and upgrade traffic surveillance systems under their management, except for those traffic surveillance systems implemented by the General Traffic Police Corps.

2. To manage, operate, exploit, use, maintain, and protect traffic surveillance systems under its management in accordance with this Circular.

Article 12. Sources of Funding for Construction, Upgrading, Management, Operation, Exploitation, Use, Maintenance, and Repair of Traffic Surveillance Systems

1. The sources of funding for construction, upgrading, management, operation, exploitation, use, maintenance, and repair of traffic surveillance systems shall be guaranteed from the state budget and other lawful sources in accordance with the law.

2. The General Traffic Police Corps and Public Security Departments of provinces and central cities directly under the central government shall prepare budgets, manage, use, and settle accounts for funds used for construction, upgrading, management, operation, exploitation, use, maintenance, and repair of traffic surveillance systems in accordance with the law.

3. The Planning and Finance Department shall advise and report to the Ministry's leadership to ensure funding and guide Public Security units at various levels to prepare budgets, manage, and use the allocated funding for construction, upgrading, management, operation, exploitation, use, maintenance, and repair of traffic surveillance systems.

Chapter III

IMPLEMENTATION

Article 13. Effective Date

This Circular takes effect from January 1, 2025, and replaces Circular No. 17/2014/TT-BCA dated April 24, 2014, issued by the Minister of Public Security on the operation, management, maintenance, and protection of traffic surveillance systems and handling traffic violations.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Director of the General Traffic Police Corps is responsible for guiding, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry and Directors of Public Security Departments of provinces and central cities directly under the central government are responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, Public Security units at various levels shall report to the Ministry of Public Security (through the General Traffic Police Corps) for timely guidance./.